The Sales Club Terms of ServiceLast Updated: February, 2017

PLEASE READ THIS DOCUMENT CAREFULLY

Welcome to the Terms of Service for The Sales Club, Inc. (“The Sales Club, Inc.,” “we,” or “us”), a Delaware Corporation, operating The Sales Club website located at www.getsalesclub.com (“The Sales Club Website”). By accessing or using The Sales Club in any way, you acknowledge that you have read these Terms of Service (“Agreement”) and you accept the Agreement’s terms and conditions. If you do not wish to be bound by this Agreement, do not use The Sales Club.

1. Permitted Users:

By using The Sales Club, you represent and warrant that you are over eighteen (18) years of age and have the right, authority and capacity to enter into this Agreement and to comply with all of the terms and conditions of this Agreement.

2. License to Access and Use:

The Sales Club, Inc. grants you a limited, non-exclusive license to access and use The Sales Club. This license is personal to you and may not be assigned, sublicensed or otherwise transferred to anyone else.

The Sales Club does not guarantee that a Candidate application will be approved by The Sales Club to be forwarded to the Employer.

Except as expressly permitted by The Sales Club, Inc. in writing, you agree that you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, “scrape” or disassemble The Sales Club.

You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to The Sales Club servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;

You will not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;

You will not upload invalid data, viruses, worms or other software agents through the Service;

You will not collect or harvest any personally identifiable information, including account names, from the Service;

You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);

You agree to act within the bounds of common decency when using our Site;

You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

You agree not to violate any requirements, procedures, policies or regulations of networks connected to The Sales Club;

You agree not to interfere with or disrupt the Site or Service;

You agree not to hack, spam or phish us or other Users;

You agree to provide truthful and accurate Content;

You agree to not violate any law or regulation, and you are responsible for such violations;

You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;

The Sales Club may terminate your account for violating one or more of your responsibilities, for violating applicable federal or state law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.

Furthermore, you agree that you will not take any measures to interfere with or damage The Sales Club. All rights not expressly granted by The Sales Club, Inc. are reserved.

3. Privacy:

Your privacy rights are set forth in our Privacy Policy available here are incorporated herein and made a part of this Agreement. Please review the Privacy Policy.

4. Registration:

To use The Sales Club, you must register an account using your LinkedIn login or email and password. By registering, you authorize The Sales Club, Inc. to access certain information contained in your LinkedIn account, including, without limitation, skills, employment history and education that you might share with other The Sales Club employer users. Furthermore, you acknowledge and agree that we may obtain and share your name and a profile picture. It is important that you take precautions to protect your password. Please contact us at info@getsalesclub.com if you believe your account has been accessed by an unauthorized person.

5. Job Content:

The jobs contained on The Sales Club, or that are otherwise accessed in connection with a user’s or employer’s use of The Sales Club are created by people over whom The Sales Club exercises no control. You acknowledge that we have no control over the content of job listing or other information on The Sales Club or made accessible by The Sales Club. The Sales Club, Inc. cannot confirm that users are, or employers are who they claim to be. The Sales Club assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any job listing, information that is contained on The Sales Club or that is otherwise accessed in connection with a user or employer’s use of The Sales Club, as a user or employer, you are solely responsible for the content that you publish or display on the The Sales Club, or transmit to other users and employers. You will not post on The Sales Club, or otherwise transmit to other users or employers, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

6. Right to Use:

To the maximum extent permitted by law, if you post non resume content or submit material to The Sales Club, Inc., including photographs, you grant The Sales Club, Inc. a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, each employer grants The Sales Club, Inc., its affiliates, and sublicensees a non-exclusive license to use its corporate name, logo, trademarks and other intellectual property on The Sales Club posted on the site by the employer.

By accessing The Sales Club, you are providing all the information contained in your LinkedIn profile to The Sales Club, Inc., and asking The Sales Club, Inc., at your request to share that information with third-party employers. As an employer, when you access The Sales Club, you are sharing job listing information with The Sales Club and asking us to share it with the users. You represent and warrant that: (i) you own the content posted by you on or through The Sales Club or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through The Sales Club does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on The Sales Club. You agree to defend and indemnify The Sales Club, Inc. and its affiliates from any claims resulting from any content or materials you provide hereunder.

7. Candidates Obligations:

The Sales Club is an exclusive job network. All applications are first approved as a quality match to the job by The Sales Club prior to being sent to the employer. This does not guarantee that the employer sees your resume. This approval process ensures that our employers only receive strong candidates and increases your chances for an interview.

Candidates attest that they have not applied to the same job or allowed any 3rd party to apply on their behalf at the time of application through The Sales Club site.

8. Employer obligations:

The Employer is encouraged to update each Candidate’s status in their Employer dashboard so The Sales Club and candidates are notified which provides for a better candidate experience and The Sales Club can analyze their success data.

Employers are also encouraged to keep their jobs current so candidates always have up-to-date jobs on the site. The Sales Club will also do it’s best to check employer’s career pages to keep jobs current on their behalf.

In addition to the terms and conditions contained in this Agreement, including, without limitation Section 7 hereof, each employer that uses and or otherwise accesses The Sales Club shall be bound by the terms and conditions contained in our agreement below:

9. Term and Termination; Account Deletion:

This Agreement begins on the date you first use The Sales Club and continues until terminated in accordance with the provisions hereof.

The Sales Club, Inc. may suspend, disable, or delete your account (or any part thereof) if The Sales Club, Inc. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage The Sales Club, Inc.’s reputation or goodwill. If The Sales Club, Inc. deletes your account for any reason, you may not re-register under a different name without The Sales Club, Inc.’s prior written consent. Upon termination, all licenses granted by The Sales Club, Inc. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. The Sales Club, Inc. shall not be responsible for the loss of such content.

10. Disclaimers; Limitation of Liability
  • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SALES CLUB USERS. YOU UNDERSTAND THAT THE SALES CLUB, INC. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE SALES CLUB, INC. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF AND OTHER FACTUAL INFORMATION PROVIDED BY ITS USERS. THE SALES CLUB, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR SUITABILITY TO HIRE OR BE EMPLOYED BY ANY CURRENT OR FUTURE USER. THE SALES CLUB, INC. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. THE SALES CLUB DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO ANY CONTENT OR OTHER INFORMATION ACCESSED OR VIEWED ON THE SALES CLUB THAT WAS PROVIDED BY USERS, EMPLOYERS OR LINKEDIN AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ACTIONS TAKEN IN RELIANCE THEREON
  • YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE SALES CLUB, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER TO YOU, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING YOUR CONDUCT ON THE SALES CLUB OR ANY OTHER USER’S CONDUCT ON OR USE OR ACCESS OF THE SALES CLUB, INCLUDING, WITHOUT LIMITATION, EMPLOYMENT CLAIMS OF ANY KIND, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, lOST WAGES OR PROFITS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF, OR EMPLOYERS FEATURED ON, THE SALES CLUB. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ANY AND ALL INTERACTIONS WITH OTHER USERS OF, OR EMPLOYERS FEATURED ON, THE SALES CLUB.
  • The Sales Club, Inc. reserves the right to modify The Sales Club. You are responsible for providing your own access to The Sales Club. The Sales Club, Inc. has no obligation to screen or monitor any content and does not guarantee that any content available on The Sales Club, Inc. complies with this Agreement or is suitable for any user or employer. The Sales Club collects analytics from its users that might include recording of a user’s analytics and movement on the site.
  • The Sales Club, Inc. provides The Sales Club on an “as is” and “as available” basis. You therefore use The Sales Club at your own risk. THE SALES CLUB, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, The Sales Club, Inc. makes no representations or warranties:
    To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used The Sales Club, and no warranties shall apply after such period.
11. Indemnification:

You will indemnify, defend, and hold harmless The Sales Club, Inc., Linkedin and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on The Sales Club; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The Sales Club violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third-Party Copyrights and Copyright Policy:

The Sales Club, Inc. respects the intellectual property of others, and we expect all users and employers to do the same. Each user and employer is responsible for ensuring that the materials they upload to The Sales Club do not infringe any third party copyright. The Sales Club, Inc. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright (as described below). In addition, The Sales Club, Inc. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any).
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on The Sales Club, sufficient for The Sales Club, Inc. to locate the allegedly-infringing material.
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via: (1) email by sending a notice to info@getsalesclub.com, or (2) US mail to the attention of The Sales Club’s Copyright Agent (defined below).

DMCA Counter-notification

If you believe that your material has been removed by mistake or misidentification, please provide The Sales Club, Inc. with a written counter-notification containing the following information:

  • Your name, address, and telephone number.
  • A description of the material that was removed and the location where it previously appeared.
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which The Sales Club, Inc. may be found (which includes the United States District Court for the Commonwealth of Massachusetts), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  • Your electronic or physical signature.

You may submit this information via: (1) email by sending a notice to info@getsalesclub.com, or (2) US mail to the attention of The Sales Club’s Copyright Agent (defined below).

Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

The Sales Club, Inc.’s Copyright Agent

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to the follow agent of The Sales Club, Inc. ( “The Sales Club, Inc.’s Copyright Agent):

The Sales Club, Inc.
780 Boylston Street
Boston, MA 02199
Email: team@getsalesclub.com

Other Complaints

You may send non-copyright complaints to:

The Sales Club, Inc.
780 Boylston Street
Boston, MA 02199
Email: team@getsalesclub.com

13. Miscellaneous

GOVERNING LAW: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflicts of law.

GEOGRAPHIC RESTRICTIONS: The Sales Club Inc. is based in the Commonwealth of Massachusetts in the United States and provides The Sales Club for use only by persons located in the United States. We make no claim that The Sales Club or any of its content is accessible or appropriate outside of the United States. Access to The Sales Club may not be legal by certain persons or in certain countries. If you access The Sales Club from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISPUTES: Any action arising out of or relating to this Agreement or your use of The Sales Club must be commenced in the state or federal courts located in Suffolk County, Massachusetts, United States of America (and you consent to the jurisdiction of those courts). IN ANY SUCH ACTION, THE SALES CLUB, INC. AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by The Sales Club, Inc. in exercising any right hereunder will waive any future exercise of that right. The Sales Club, Inc.’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY

BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The Sales Club, Inc.’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from The Sales Club, Inc. electronically. The Sales Club, Inc. may provide all such communications by email or by posting them on The Sales Club. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at info@getsalesclub.com or the following address:

The Sales Club, Inc.
780 Boylston Street
Boston, MA 02199
Email: team@getsalesclub.com

Nothing herein shall limit The Sales Club, Inc.’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by The Sales Club, Inc. on the The Sales Club App or The Sales Club Website. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between The Sales Club, Inc. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.